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Third-Party Policy Terms

Maynard Nexsen

Proposed Tort Reform Legislation in South Carolina: Insurance Industry Perspective

Maynard Nexsen on

Comprehensive tort reform legislation is on the agenda for the 2025-2026 legislative session in South Carolina. Senate Bill S. 244 was introduced in January 2025 and recently debated in the Senate Judiciary subcommittee. The...more

Cozen O'Connor

Troung v. Sanders: Matter of First Impression by the Louisiana Circuit Court of Appeals on “Betterment Deductions” in Third-Party...

Cozen O'Connor on

In December 2024, the Louisiana Second Circuit Court of Appeals rendered a significant opinion in Troung v. Sanders, et al., addressing the contentious issue of “betterment deductions” in third- party property damage claims....more

Carey Olsen

Bermuda Insurance Litigation Guide 2024 (Chambers)

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Bermuda is a British Overseas Territory. The modern legal system of Bermuda is established by the Bermuda Constitution Order 1968, an Order in Council of the United Kingdom that established the Supreme Court as the primary...more

Ervin Cohen & Jessup LLP

Third-Party Email Fraud Covered By Insurance Policies

In Medidata Solutions, Inc. v. Federal Insurance Company, 268 F. Supp. 3d 471 (S. D. N. Y. 2017), aff’d, 729 Fed. Appx. 117 (2nd Circuit 2018), the Court found that there was insurance coverage where a company had been...more

Jones Day

Policyholders Receive Needed Guidance on Use of Extrinsic Evidence in Texas When Enforcing an Insurer's Duty to Defend

Jones Day on

The U.S. Court of Appeals for the Fifth Circuit recently applied the newly adopted Texas Supreme Court decision outlining those circumstances in which extrinsic evidence may be used to determine an insurer's duty to defend...more

Butler Weihmuller Katz Craig LLP

In South Carolina, Documents Outside the Pleadings May Be Utilized to Exclude Coverage

October 27, 2020 - In third party coverage matters, the traditional test to determine whether an insured is entitled to a defense under a commercial general liability policy is the Comparison or Four-Corners Test....more

Butler Weihmuller Katz Craig LLP

Is Amazon a Seller? An Issue Primed for State Courts

The tide is turning as another federal court declares that Amazon is responsible for third-party products purchased on its website. On January 7, 2020, the Southern District of Texas in McMillian v. Amazon.com, 433 F.Supp.3d...more

Seyfarth Shaw LLP

Third-Party Claims in the Era of COVID-19: Exposure to Businesses and the “Safety Net” of Insurance

Seyfarth Shaw LLP on

As states push to re-open, retailers will be balancing the welcome prospect of renewed business and cash flow against the fear and cost of claims that could be made against them by customers, vendors, subcontractors, and...more

Butler Weihmuller Katz Craig LLP

Members Only: The Eleventh Circuit Restricts Membership to the "Illusory Coverage" Club to Narrow Set of Circumstances

The Doctrine of Illusory Coverage is a common law doctrine that Florida courts have confirmed is a part of Florida’s insurance law. See e.g., Zucker for BankUnited Financial Corp. v. U.S. Specialty Insurance Co., 856 F.3d...more

Butler Weihmuller Katz Craig LLP

Information or Indemnity: Do Certificates of Insurance Grant Insured Status?

Often, a person or entity that is attempting to claim additional insured status under the insurance policy of another will rely on a “Certificate of Insurance” that was issued by the named insured’s agent....more

BCLP

Countdown to the CCPA: Does cyber insurance cover a data breach?

BCLP on

When the California Consumer Privacy Act (“CCPA”) takes effect in January 2020, California will become the first state to permit residents whose personal information is exposed in a data breach to seek statutory damages of...more

Littler

“Medical Necessity” Isn’t Well-Defined Unless It Is Well-Defined

Littler on

A U.S. District Court in Connecticut recently issued an order that highlights the importance of understanding exactly what the term “medically necessary” means in an ERISA health plan....more

Carlton Fields

Seventh Circuit Finds “Based Upon or Arising Out of” Language in Contract Exclusion Renders Coverage “Illusory”

Carlton Fields on

In Crum & Forster Specialty Insurance Co. v. DVO, Inc., No. 18-2571 (7th Cir. Sept. 23, 2019), the Seventh Circuit reversed a decision of the U.S. District Court for the Eastern District of Wisconsin, finding that the...more

Seyfarth Shaw LLP

ERISA Preemption — The Courts of Appeal Continue to Rule As They Await Further Supreme Court Attempts To Define, Once and for All,...

Seyfarth Shaw LLP on

Synopsis: Two Courts of Appeal reach opposite results on ERISA preemption, thus continuing the judicial quest for a definitive meaning of ERISA preemption. Stay tuned for more such decisions, and yet more Supreme Court...more

Steptoe & Johnson PLLC

First Look - Spring 2019: Insurance Newsletter

It takes a nimble insurer to navigate around the landmines created by a consent judgment. This issue explores the challenges presented when a plaintiff and a defendant settle a claim, yet they agree that the plaintiff will...more

Butler Weihmuller Katz Craig LLP

Recent Federal Court Decision May Alter the Reservation of Rights Landscape in South Carolina

The Current Precedent: Harleysville Group Insurance v. Heritage Communities, Inc. Only 15 months ago, in Harleysville Group Insurance v. Heritage Communities, Inc., the South Carolina Supreme Court fundamentally changed...more

Butler Weihmuller Katz Craig LLP

Holy Harleysville! – The Rules Governing RORs, Intervention, and More in South Carolina Have Just Changed

For insurers, litigating third-party coverage disputes in South Carolina has always proved formidable. Insurers can be liable for “bad faith” even if there is no coverage; they may be required to pay an insured’s attorney’s...more

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